Research On The Construction Of Criminal Investigation Order System

It is always the ill of judicial practice to investigate and collect evidence from lawyers.In order to solve problems,the investigation order system has been practiced in civil.From the perspective of legal attributes,the civil investigation order issued by the court only supports the lawyers to investigate and collect evidence from the "attitude",and has nothing to do with the court function.The current discussion of criminal investigation orders is mostly practiced,lacking the theory of the criminal investigation order system and how it can be combined with the current rule of law process.In order to overcome the premise of research and practice,it is necessary to redefine the criminal investigation order and grasp its nature.The criminal investigation order is a manifestation of the protection system for the exercise of the right to defense.The warrant issued by the court and guaranteed to be realized is an extension of the lawyer's right to investigate and collect evidence.Starting from the definition,we will construct a new procedure in China's criminal procedure law,and protect the right to defense from the perspective of the system.The criminal investigation order is a procedural right,which is the legal attribute of the private right in public law.The ultimate purpose of the criminal investigation order is to build on the basis of protecting human rights.The criminal investigation order system is an extension of the protection of the rightto defense.The construction should be based on the theory of guaranteeing human rights,the theory of procedural justice,and the theory of "equality of arms",and build a system to enhance the ability of lawyers to investigate and collect evidence.Analyze the legal basis and realistic basis of the construction of the criminal investigation order system,and draw on the comprehensiveness of the confrontation of the extraterritorial evidence collection system and the comprehensiveness of protection,the normative nature of investigation and evidence collection and the procedural advantages of relief,with a view to constructing criminal investigations in China.Implementing the system and systematically constructing new criminal investigation and evidence collection methods will play a certain role in promoting the practical problems of lawyers' investigation and evidence collection.China's criminal investigation order should establish a corresponding supporting system to ensure the smooth implementation of criminal investigation orders.The system of investigating judges should be established to guarantee the neutrality of trial judges,to organize the disclosure of evidence,and to improve the efficiency of litigation;Establish a system for recording and recording audio and video records,supervise the process and legality of investigation and evidence collection,and prevent improper evidence collection;The need for public interest limits the private rights of witnesses.The criminal investigation order "armed" gives lawyers the power to investigate and collect evidence,strengthen the ability to investigate and collect evidence,and make it "equal armed" with the investigating organ,so that lawyers have public power support that is not weaker than investigative power,and have equal opportunities for confrontation and confrontation.Means to achieve procedural justice.In the specific system,the basic theory should be designed around the establishment of investigation orders.The criminal investigation order is a procedural system that confirms the procedural rights of lawyers to investigate and collect evidence,stipulates the rights and obligations of all parties,improves the procedural rights guarantee system,and confirms judicial safeguard measures.Rights restrict power and realize power by power.The construction of the criminal investigation order is to protect the rights of the criminal procedure law and to punish the crime.